Bill S5276-2011

Directs the commissioner of motor vehicles to establish a next of kin registry for holders of drivers' licenses, learners' permits and non-driver identification

Directs the commissioner of motor vehicles to establish a next of kin registry for holders of drivers' licenses, learners' permits and non-driver identification cards: such holders may submit their emergency contact information to be used by police in the event the holder is injured or killed.

Memo

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to establishing a next of kin registry for holders of drivers' licenses, learners' permits and non-driver identification cards

PURPOSE: To create a "next of kin registry" in the State of New York.

SUMMARY: Section 1 amends the Vehicle and Traffic Law by adding a new section (215-a) in order to require the commissioner of the Department of Motor Vehicles to establish and operate a statewide internet site to be known as the "next of kin registry." The commissioner of the Department of Motor Vehicles will be required to create a system by which the license/ID holder can sign in using their card number and add emergency contacts who are 18 years or older. The emergency contact will be contacted by an investigating police officer in the event of an accident pursuant to the new Section 606 of the Vehicle and Traffic Law provided for in Section 2 of this legislation.

Section 2 creates a new Section 606 of the Vehicle and Traffic Law in order to provide for appropriate times an investigating police officer should attempt to contact the emergency contact provided for in the "next of kin registry" including any event resulting in physical injury, death, or incapacitation.

Section 3 provides the act take effect on the one hundred eightieth day after it shall have become law; provided, that, effective immediately, any actions necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.

JUSTIFICATION: When there is a motor vehicle accident, family members of the victims should be informed in a timely manner.

Current law provides no way for police officers to find contact information for a victims' emergency contacts in the event of an accident.

This bill amends the Vehicle and Traffic Law by adding a new section (215-a) in order to establish a statewide internet site to be known as the "next of kin registry." Holders of drivers' licenses, learners' permits and non..driver identification cards will be able to visit the website and use their card number to register up to two emergency contacts. The emergency contacts must be 18 years or older. In the event of an accident resulting in physical injury, death, or incapacitation, the investigating police officer will then attempt to contact the emergency contact(s) provided for in the online registry.

This bill includes a specific provision to protect registrants from disclosure under the Freedom of Information Law. Only police officers is the specific instances outlined in this bill will be permitted to

Motor vehicle accidents can be traumatic for the victims and their family members. It is inexcusable in this technological age that there be anything preventing the quick notice of a victims' next of kin in the event there is an accident resulting in physical injury, death, or incapacitation. This legislation will allow New York State's Department of Motor Vehicles to apply a similar system to other state's online registry's for "next of kin" emergency contacts.

HISTORY: New bill.

FISCAL IMPACT: Minimal.

EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become law; provided, that, effective immediately, any actions necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.

Text

STATE OF NEW YORK
________________________________________________________________________
5276
2011-2012 Regular Sessions
IN SENATE
May 3, 2011
___________

Introduced by Sen. RITCHIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to establishing
a next of kin registry for holders of drivers' licenses, learners'
permits and non-driver identification cards
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 215-a to read as follows:
S 215-A. NEXT OF KIN REGISTRY. 1. THE COMMISSIONER SHALL ESTABLISH AND
OPERATE, WITHIN THE DEPARTMENT, AN AUTOMATED, STATEWIDE INTERNET ACCES-
SIBLE WEBSITE TO BE KNOWN AS THE "NEXT OF KIN REGISTRY". SUCH REGISTRY
SHALL BE CAPABLE OF STORING EMERGENCY CONTACT INFORMATION OF THE HOLDERS
OF DRIVERS' LICENSES, LEARNERS' PERMITS AND NON-DRIVER IDENTIFICATION
CARDS TO BE ACCESSIBLE BY POLICE OFFICERS PURSUANT TO SECTION SIX
HUNDRED SIX OF THIS CHAPTER. ANY HOLDER OF A DRIVER'S LICENSE, LEARNER'S
PERMIT OR NON-DRIVER IDENTIFICATION CARD MAY VOLUNTARILY SUBMIT, VIA AN
INTERNET WEBSITE ESTABLISHED THEREFOR, THE NAMES, ADDRESSES AND TELE-
PHONE NUMBERS OF TWO EMERGENCY CONTACTS FOR INCLUSION IN THE NEXT OF KIN
REGISTRY.
2. IN THE IMPLEMENTATION OF THE NEXT OF KIN REGISTRY, THE COMMISSIONER
SHALL ESTABLISH A PROCESS WHEREBY ANY HOLDER OF A DRIVER'S LICENSE,
LEARNER'S PERMIT OR NON-DRIVER IDENTIFICATION CARD MAY ELECTRONICALLY
SIGN INTO THE DEPARTMENT INTERNET WEBSITE USING HIS OR HER LICENSE,
PERMIT OR CARD NUMBER. THEREAFTER, SUCH HOLDER MAY ENTER HIS OR HER
EMERGENCY CONTACT INFORMATION FOR NOT MORE THAN TWO EMERGENCY CONTACT
PERSONS, OR MAY REVISE OR UPDATE PREVIOUSLY ENTERED EMERGENCY CONTACT
INFORMATION.
3. INFORMATION IN THE NEXT OF KIN REGISTRY SHALL BE MADE AVAILABLE
SOLELY FOR THE USE OF POLICE OFFICERS PURSUANT TO SECTION SIX HUNDRED
SIX OF THIS CHAPTER. THE INFORMATION IN THE NEXT OF KIN REGISTRY SHALL

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11232-01-1

S. 5276 2

BE DEEMED TO BE CONFIDENTIAL AND SHALL NOT BE SUBJECT TO DISCLOSURE
PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
4. FOR THE PURPOSES OF THIS SECTION, "EMERGENCY CONTACT" SHALL MEAN
ANY PERSON, EIGHTEEN YEARS OF AGE OR OLDER, DESIGNATED BY THE HOLDER OF
A DRIVER'S LICENSE, LEARNER'S PERMIT OR NON-DRIVER IDENTIFICATION CARD
TO BE CONTACTED BY A POLICE AGENCY WHEN SUCH HOLDER IS RENDERED UNABLE
TO COMMUNICATE DUE TO PHYSICAL INJURY, DEATH OR INCAPACITATION.
S 2. The vehicle and traffic law is amended by adding a new section
606 to read as follows:
S 606. NOTIFICATION OF EMERGENCY CONTACTS. WHEN A MOTOR VEHICLE ACCI-
DENT OR ANY OTHER EVENT RESULTS IN PHYSICAL INJURY, DEATH OR INCAPACI-
TATION OF ANY PERSON, THE POLICE OFFICER INVESTIGATING SUCH ACCIDENT OR
EVENT SHALL ATTEMPT TO LOCATE AN EMERGENCY CONTACT OF THE INJURED PERSON
FROM THE NEXT OF KIN REGISTRY ESTABLISHED PURSUANT TO SECTION TWO
HUNDRED FIFTEEN-A OF THIS CHAPTER. A POLICE OFFICER SHALL, WHEN PRACTI-
CABLE, EXPEDITIOUSLY NOTIFY AN EMERGENCY CONTACT OF EACH SUCH INJURED
PERSON AND INFORM THE EMERGENCY CONTACT OF THE HOSPITAL OR OTHER
LOCATION AT WHICH THE INJURED PERSON HAS BEEN TAKEN.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, that, effective immediately, any
actions necessary to implement the provisions of this act on its effec-
tive date are authorized and directed to be completed on or before such
date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech;
or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation
is generally performed Monday through Friday.